Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

INCOME TAX ASSESSMENT ACT 1997 - SECT 713.265

Partnership leaves group--adjustments to allocable cost amount of partner who also leaves group

  (1)   This section has effect in working out the group's * allocable cost amount for a partner in the partnership, if the partner ceases to be a * subsidiary member of the group at the leaving time.

  (2)   Section   711 - 35 operates as if:

  (a)   a deduction to which the partnership becomes entitled (the partnership deduction ) were a deduction to which the partner becomes entitled, to the extent of the partner's individual share of the partnership deduction; and

  (b)   the deduction to which the partner becomes entitled were of the same kind as the partnership deduction.

Note:   These kinds of deductions include acquired deductions and owned deductions (within the meaning of section   711 - 35).

  (3)   Section   711 - 40 operates as if a liability owed by * members of the group to the partnership at the leaving time were a liability owed by members of the group to the partner at that time, to the extent of the partner's individual share of the liability.

  (4)   If:

  (a)   in accordance with the * accounting principles that the partnership would use if it were to prepare its financial statements just before the leaving time (disregarding subsection   701 - 1(1) (the single entity rule)), a thing (the partnership liability ) is a liability of the partnership just before the leaving time; and

  (b)   for that reason, the partnership liability is not an accounting liability of the partner just before the leaving time for the purposes of section   711 - 45;

then section   711 - 45 operates as if the partnership liability were an accounting liability of the partner just before the leaving time, to the extent of the partner's individual share of the partnership liability.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback